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Podargus

Reality Bites
This one happened a year ago, but is in court at the moment. All 3 accused murderers are deaf, and intellectually disabled. As was poor Robert Wright, who also had cerebral palsy.

The reporting is rather sporadic on this case. This article is about the hearing to determine the fitness to stand trial for one of the accused, Jake Fairest. He was found unfit to stand trial, as was his co-accused, Georgia Fields a few days later.

......


Giving evidence during a special hearing to formally confirm Mr Fairest was unfit to stand trial, Dr Daffern said Mr Fairest's intellectual ability fell within the mentally retarded range and was well below average.

Dr Daffern said Mr Fairest, who has severe cognitive and developmental disabilities following aggressive chemotherapy treatment for a brain tumour when he was seven, did not believe there was any evidence against him and wanted to plead not guilty.

...........

Mr Fairest and his co-accused, Warwick Toohey and Georgia Fields, are charged with murdering Robbie Wright, who fell from a balcony outside his Ringwood apartment on January 15, 2015. Mr Wright, 36, who also suffered from cerebral palsy, epilepsy, and had an intellectual disability, died in hospital three days later.

The trio allegedly confronted Mr Wright in his lounge room, restrained him and forced him out on to the balcony and over the hand rail.

.......

Previous court hearings have been told CCTV footage of the trio using Auslan sign language on a train to Ringwood, in the foyer of Mr Wright's apartment and in the lift on the way to confront him, formed part of the Crown case against them because the recordings suggested they had allegedly been planning the murder.

......

When they entered the foyer at 9.40pm and took the lift to the second floor, the CCTV footage allegedly showed Ms Fields asking Mr Fairest in sign language if he wanted Mr Wright dead or alive and asking the question, "How die?".

The alleged conversation included Mr Fairest saying: "Want strangle."

Ms Fields: "Fall."

Mr Fairest: "Can strangle neck area. What do you think?".

Ms Fields: "I think falling is better."

Mr Toohey: "Strangle risky."

Ms Fields: "Fall good, fall good."

Mr Toohey then allegedly told Fairest: "You grab, hold."

Ms Fields then allegedly replied: "Fall good, all right."

Mr Toohey then allegedly told Mr Fairest to greet Mr Wright and to "grab and to push forward".

The hearing, before Justice Michael Croucher, continues.


http://www.smh.com.au/victoria/accu...court-told-20160513-gouprd.html#ixzz49BX6Cb1N

TWO of the three deaf people charged with murdering Robert Wright in Melbourne have been found unfit to stand trial.

Georgia Fields, 19, Jake Fairest, 26, and Warwick Toohey, 37, were charged with murder last year after 36-year-old Mr Wright — who was also profoundly deaf — fell to his death from the balcony of a Ringwood flat.

A Victorian Supreme Court jury found Fields unfit to stand trial on Tuesday, less than a week after Fairest was also deemed unfit.

The accused trio each entered a plea of not guilty, by reason of mental impairment and this week a jury was considering Fields’ capacity to stand trial.

http://www.news.com.au/national/vic...r/news-story/ee1df1cdd05024c5b8f8ce1cbff87415

I had to add this bit.

Previous court hearings have been told Mr Wright and Mr Toohey lived together but were constantly arguing over household tasks. Both men had allegedly previously "shared" Ms Fields as a girlfriend.

The trio allegedly confronted Mr Wright in his lounge room, restrained him and forced him out on to the balcony and over the hand rail.

http://www.theage.com.au/victoria/a...court-told-20151122-gl5cgx.html#ixzz49BeYVHJi


2dl1wfm.jpg

Murdered: Robert Wright.

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Unfit to stand trial: Jake Fairest.

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Unfit to stand trial: Georgia Fields.
 
My cousin was a carer in a house like theirs (sounded like a tiring job), you can hardly expect to put together a group of people who aren't friends and expect them to live harmonious, let alone adults with disabilities who can each have their own challenging behaviours.

That transcript of the train discussion is chilling and insane, it kind of amazing how they can find evidence like that.
 
I did some more digging, and found this little gem.

Looks like Mr Toohey is going to take the rap.

One of three deaf people charged with murdering a deaf man told the man's neighbours details of how he fell to his death, a court has heard.

In the weeks after Robert Wright, 36, fell from the balcony of his Ringwood apartment, Jake Fairest demonstrated how Warwick Toohey threw Mr Wright over and stomped on his hand, and told a woman that others "pushed him off", Melbourne Magistrates Court heard on Monday.



http://www.theage.com.au/victoria/m...-coaccused-20150817-gj0xs4.html#ixzz49CBEZLXk
 
I would think the planning of this kinda rules out them being too disabled to complete this, if you can plan and follow thru, I would think you're smart enough to stand trial. But maybe that's just me.
 
Okay I LOVE that in the court papers they were referred to as being.....wait for it.....
Mentally Retarded.
Holee shyte that is cutting to the quick, no mamby pambying about capacities.
Just plain old shooting from the hip and BAMM....mentally retarded.

Years ago I certified as an Exact Signed English interpreter.
Loved doing it.
It was different than short form signing in that it also taught grammer. Each individual word had a sign so you would do sentence structure and so forth.
The idea was it allowed people in the deaf commuity or 'deaf culture' to be able to mesh into society much better.
Also they don't sound like talking gorillas when translated...
-Want strangle
-Strangle risky
-Fall good, fall good.
-You grab, hold
-Fall good
-Banana good
-Banana give
-Take
-Banana mine
...accused flings feces...

They knew they were killing.
They knew how to premeditate.
They can stand trial and go to real people prison (even though she looks like she shoould be going to Hogwarts Special Ed Class FFS).
 
@Satanica @cubby @BuffettGirl @Sejanus
April 20, 2017

A deaf Melbourne man who murdered another by pushing him off a balcony, but was unfit to stand trial, will spend 25 years in custody.

Last year, a jury in a special hearing found Jake Fairest, 27, and friends Warwick Toohey and Georgia Fields murdered Robert Wright in 2015.

Fairest, Toohey and Fields are profoundly deaf, as was Mr Wright, who also had epilepsy and cerebral palsy and reduced functionality in his left leg.

Fairest was on Thursday given an indefinite custodial supervision order, with a nominal period of 25 years, at a residential facility run by the Disability Forensic Assessment and Treatment Service.

DFATS is overseen by the federal Department of Human Services and works with people with who show high-risk, anti-social behaviour.

"The best available option is a custodial supervision order," Supreme Court Justice Jane Dixon said.
The three were found unfit to stand trial as Toohey, 30, and Fairest are intellectually disabled and Fields, 20, suffers from atypical autism with low intelligence.

Toohey was in February given an indefinite custodial supervision order at a residential facility with a nominal period of 25 years.
Toohey was in February given an indefinite custodial supervision order at a residential facility with a nominal period of 25 years.
An autistic and deaf Melbourne woman who helped murder her friend's housemate has avoided jail and will instead live in her family home under a court order, which has angered the victim's family.

But the Victorian Supreme Court found its only option besides prison was to allow 21-year-old intellectually challenged woman Georgia Fields to live in the community under a strict supervision order.

The two intellectually disabled men who helped murder 36-year-old Robbie Wright have been sent to a secure residential treatment facility, but there is no equivalent for women with intellectual disabilities or cognitive impairments.
16167
16168

Jake Fairest, Warwick Toohey, Georgia Fields & victim Robert Wright
 
ARE YOU FUCKING SHITTING ME?!?!?!?!?!!

Ok, deep breaths.
I suppose there is a silver lining here. Given that he won't be in a prison setting of any kind he should be fairly easy for somebody a bump off should they feel highly motivated.

On an unrelated note I have always been very interested in going to Australia know just to hang out see the sights that's all. I swear.
 
ARE YOU FUCKING SHITTING ME?!?!?!?!?!!

Ok, deep breaths.
I suppose there is a silver lining here. Given that he won't be in a prison setting of any kind he should be fairly easy for somebody a bump off should they feel highly motivated.

On an unrelated note I have always been very interested in going to Australia know just to hang out see the sights that's all. I swear.
I'm not interested in going anywhere where a gang of retards might kill me.

:facepalm:
Before everyone goes nuts, I took the retard word from the article.
And this would be a good time to mention: I'm not sure why the word retarded is so frowned upon.
 
I'm not interested in going anywhere where a gang of retards might kill me.

:facepalm:
Before everyone goes nuts, I took the retard word from the article.
And this would be a good time to mention: I'm not sure why the word retarded is so frowned upon.
I agree concerning the word retard and retarded. The meaning of the word at its base means impeded. It is synonymous with using the word Damned essentially. We would be familiar with the use of the words for instance in describing a river. The river goes merrily along until it hits a water dam for a Hydro Dam. Its progress is Damned for impeded or retarded as it can go no further unassisted. Not certain if I'm doing Justice to the explanation or not but hopefully people got the idea. Unfortunately is one of those words that has become a trigger word now in certain groups.

Growing up we used the word retard and it automatically brought up images to us that somebody needed help. They could only get so far on their own. We didn't use it as an insult. Sadly over the years it has become one , part of the reason being inflection can also make all the difference. Put a derogatory tone behind delivery and frankly any word to become an insult. That's why I think for the most part it is dangerous branding words as bad with the possible exception have a couple of very offensive historical terms. Case in point the n-bomb.

Hopefully folks understand what I mean here. Not trying to start any wars or anyting just talkin.:)
 
On an unrelated note I have always been very interested in going to Australia know just to hang out see the sights that's all. I swear.

We welcome you. When I was a hoodlum, it was a running joke among my friends here that you'd actually have to kill someone to face any real punishment. It was proven time and time again. A friend of mine was busted by an undercover sting at a rave selling pills. She got a 'drug diversion program'. She got to choose how she would serve this. She did 4 hours of counselling and 4 hours of massage. As in, she had to attend 4 drug counselling sessions, and had to go get 4 massages. I shit you not.

I get it. Like the timing on the car is retarded. Meaning it's slow.

I was just about to say that. Retarded is a proper word. I use it to describe ignition timing often. Also people.

This is a special story for me. It's the most local one to appear on DD yet. I used to catch the train home from school everyday from Ringwood. The same station mentioned in this article. The place has just been rebuilt and gentrified, but back in the day it was the place to go if you wanted to get rolled for your jacket and sneakers. Or to score heroin.
 
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